eing a victim of wrongful termination can be a devastating experience, especially if you have a family dependent on you. Some employees may feel they have no other option than to find another job. However, if you can prove that your firing was for unlawful reasons, you should get in touch with the best wrongful termination lawyers in your area. They may be able to help you take legal action against your employer and either get reinstated or receive fair monetary compensation.
What is wrongful termination?
Wrongful termination is getting fired from your job for unlawful reasons that have nothing to do with your professional behavior or performance.
Before going further, it is essential to understand that employment in California and other states in the United States is on an at-will basis. So, when you and your employer decide to work together, it is out of a mutual agreement. Both of you are legally free to back out of the arrangement at any time and for any reason. That means it is legal for your employer to fire you without giving you any reason, and you too can leave whenever you wish.
However, as the best wrongful termination lawyers will inform you, there are the following exceptions to the at-will employment rule:
You have a written employment contract
If you have a written employment contract and the employer violates its terms when they fire you, it is wrongful termination. Employment contracts generally have a section outlining the terms and conditions under which the employer can remove you from your job and the work termination procedure they must follow. The employer cannot legally sack you from your position for any reason other than the ones stated in the employment contract.
You have an implied employment contract
An implied contract is when the employer will not offer an individual employment contract but state their exact employment terms and conditions in their employee handbook. When you work for them, you have to abide by these terms and procedures. Similarly, they too have to follow the conditions in it. If they disregard these to terminate you from your position, it is wrongful termination.
Your termination violates public policy
It is a violation of public policy if your employer fires you from your job because you refused to participate in illegal activity in the workplace, raised your voice against it, or informed the authorities. The law states that they cannot retaliate against you for exposing their wrongdoing. That is clear in the Sarbanes-Oxley Act of 2002, the California False Claims Act’s “qui tam” section, and the Labor Code 1102.5 of California.
Your termination violates state law
The employer may have violated California’s Fair Employment and Housing Act (FEHA) if they fire you for protesting workplace harassment or discrimination and filing a formal complaint. Also, they cannot dismiss you legally for discussing your case with a lawyer and hiring an investigator to prove your claim. Additionally, they cannot fire because you have different political views or participate in political activism.
Your termination violates federal law
The employer is violating federal law if they fire you because of your race, color, ethnicity, national origin, religion, age, or gender. The employer is also in violation of federal law if they employ more than 75 employees and fire 50 of these without notifying them at least 60 days in advance as per the Worker Retraining and Notification (WARN) Act. If that occurred in your case, it is possible to sue for the pay and benefits for those 60 days.
What is the statute of limitation for suing under wrongful termination?
There can be different statutes of limitation for suing under wrongful termination. You have to file a case within two years of being fired if your dismissal is related to a breach of implied or written employment contract. If your employer has violated Labor Code 1102.5 of California, you must use them within three years of losing your job.
The statute is 180 days for filing with the U.S. Department of Labor under the Sarbanes-Oxley Act. It is three years for FEHA and warns violations. You must file with the California Department of Fair Employment and Housing for FEHA.
